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UPTON v. STATE

No. 1D20-1092.

322 So.3d 1234 (2021)

Jennifer UPTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 9, 2021.

Attorney(s) appearing for the Case

S. Nicole Jamieson , Law Office of S. Nicole Jamieson, Fernandina, for Appellant.

Ashley Moody , Attorney General, and Tabitha Herrera , Assistant Attorney General, Tallahassee, for Appellee.

Appellant challenges the trial court's denial of her timely motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). On appeal, the State concedes that the scoresheet was erroneously calculated. We agree with Appellant that the trial court did not actually sentence her as a habitual felony offender (HFO), thus...

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